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“share application money”

Cash Credits & Unexplained ItemsSection 68Section 682,489 judgments

The decision most relied on for share application money is CIT v. Lovely Exports (P) Ltd. (216 CTR 195), cited in 854 judgments on BharatTax.

Leading authorities on share application money

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

Nemi Chand Kothari v. CIT
264 ITR 254 · 2003 · High Court
340
citing judgments

For a cash credit, merely transacting by cheque is insufficient to discharge the assessee's burden of proof. The assessee must prove the identity of the creditors, the genuineness of the transaction, and the creditworthiness of the creditors; upon which, the burden shifts to the revenue.

CIT v. Kamdhenu Steel & Alloys Ltd.
361 ITR 220 · 2014 · High Court
328
citing judgments

When making an addition under section 68, the creditworthiness or financial strength of an investor contributing share capital or share application money can be proved by producing their bank statements showing sufficient balance for the investment. The Supreme Court dismissed the SLP against this decision.

CIT v. Sophia Finance Ltd.
205 ITR 98 · 1994 · High Court
295
citing judgments

To discharge the burden of proof under Section 68 for share capital or share application money, an assessee must establish the identity of the shareholders and the genuineness of the transaction, confirming that the payment was truly made by them.

CIT v. Oasis Hospitalities P. Ltd.
333 ITR 119 · 2011 · High Court
292
citing judgments

When explaining cash credits under Section 68, the assessee must establish the identity of the creditor, their creditworthiness or financial capacity, and the genuineness of the transaction. Merely proving identity does not discharge this initial onus, which shifts to the Assessing Officer once these three elements are prima facie proven.

CIT v. Nipun Builders & Developers
350 ITR 407 · 2013 · High Court
264
citing judgments

For any sum credited in an assessee's books, including share application money, the assessee must prove the identity and creditworthiness of the creditor and the genuineness of the transaction. Failure to discharge this onus under Section 68 renders the amount taxable.

Judgments citing share application money

ACIT Circle-3(1)(2), Mumbai vs. M/S Chemicon Engineering Consultant Pvt Ltd., Mumbai

In the result, the appeal of the Revenue stands dismissed and the appeal of the assessee is allowed

ITA 833/MUM/2020[2013-14]Status: DisposedITAT Mumbai17 Jun 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.7907/Mum/2019 (निर्धारण वर्ा / Assessment Year:2013-14) Chemicon Engineering बिधम/ Acit, Circle 3(1)(2) Consultant Pvt. Ltd. Room No.607, Aayakar Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Sakhar Bhawan, Nariman Road, Mumbai-400020. Point, Mumbai-400021. आयकर अपील सं/ I.T.A. No. 833/Mum/2020 (निर्धारण वर्ा / Assessment Year:2013-14) Acit, Circle 3(1)(2) बिधम/ Chemicon Engineering Room No.607, Aayakar Consultant Pvt. Ltd. Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Road, Mumbai-400020. Sakhar Bhawan, Nariman Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc2686H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Anuj Kisnadwala Revenue By: Shri H. N. Singh (Dr) सुनवाई की तारीख / Date Of Hearing: 11/05/2022 घोषणा की तारीख /Date Of Pronouncement: 17/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee & Revenue Respectively Against The Order Of The Ld. Cit(A)-08, Mumbai Dated 29.11.2019 For The A.Y.2013-14. 2. The Grounds Raised By The Both The Parties Are As Follows: Assessee Grounds: - 1. For That On The Facts & Circumstances Of The Case The Orders Passed By The Assessing Officer U/S 143(3) Of The Act, 1961 (The “Act”) & A.Ys.2013-14 Chemicon Engineering That By The Cit(A) U/S 250 Of The Act So Far It Relates To In Confirming Of The Additions To The Extent Of A) Rs. 6,22,05,000/- Received From Certain Companies Out Of Total Rs. 13,13,50,000/- In Respect Of Shares Allotted Against Share Application Money;

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri H. N. Singh (DR)
Section 143(3)Section 250Section 68

received from certain companies out of total Rs. 13,13,50,000/- in respect of shares allotted against share application money; b) Rs. 79,00,000/- received from Dhanlaxmi Tie up Private Limited out of total Rs. 21,86,05,000 in respect of deposits received is arbitrary, against ... received from certain companies out of total Rs. 13,13,50,000/- in respect of share allotted against share application money; b) Rs. 79,00,000/received from Dhanlaxmi Tie up Private Limited out of total Rs. 21,86,05,000/- in respect of deposits received; inspite of holding and appreciating

Chemicon Engineering Consultant Pvt Ltd., Mumbai vs. Asst CIT Circle- 3 (1)(2), Mumbai

In the result, the appeal of the Revenue stands dismissed and the appeal of the assessee is allowed

ITA 7907/MUM/2019[2013-14]Status: DisposedITAT Mumbai17 Jun 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.7907/Mum/2019 (निर्धारण वर्ा / Assessment Year:2013-14) Chemicon Engineering बिधम/ Acit, Circle 3(1)(2) Consultant Pvt. Ltd. Room No.607, Aayakar Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Sakhar Bhawan, Nariman Road, Mumbai-400020. Point, Mumbai-400021. आयकर अपील सं/ I.T.A. No. 833/Mum/2020 (निर्धारण वर्ा / Assessment Year:2013-14) Acit, Circle 3(1)(2) बिधम/ Chemicon Engineering Room No.607, Aayakar Consultant Pvt. Ltd. Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Road, Mumbai-400020. Sakhar Bhawan, Nariman Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc2686H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Anuj Kisnadwala Revenue By: Shri H. N. Singh (Dr) सुनवाई की तारीख / Date Of Hearing: 11/05/2022 घोषणा की तारीख /Date Of Pronouncement: 17/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee & Revenue Respectively Against The Order Of The Ld. Cit(A)-08, Mumbai Dated 29.11.2019 For The A.Y.2013-14. 2. The Grounds Raised By The Both The Parties Are As Follows: Assessee Grounds: - 1. For That On The Facts & Circumstances Of The Case The Orders Passed By The Assessing Officer U/S 143(3) Of The Act, 1961 (The “Act”) & A.Ys.2013-14 Chemicon Engineering That By The Cit(A) U/S 250 Of The Act So Far It Relates To In Confirming Of The Additions To The Extent Of A) Rs. 6,22,05,000/- Received From Certain Companies Out Of Total Rs. 13,13,50,000/- In Respect Of Shares Allotted Against Share Application Money;

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri H. N. Singh (DR)
Section 143(3)Section 250Section 68

received from certain companies out of total Rs. 13,13,50,000/- in respect of shares allotted against share application money; b) Rs. 79,00,000/- received from Dhanlaxmi Tie up Private Limited out of total Rs. 21,86,05,000 in respect of deposits received is arbitrary, against ... received from certain companies out of total Rs. 13,13,50,000/- in respect of share allotted against share application money; b) Rs. 79,00,000/received from Dhanlaxmi Tie up Private Limited out of total Rs. 21,86,05,000/- in respect of deposits received; inspite of holding and appreciating

DCIT-CC 3(2), Mumbai vs. Chintamani Textiles Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby

ITA 1879/MUM/2019[2012-13]Status: DisposedITAT Mumbai27 May 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 1878 & 1879/Mum/2019 (निर्धारण वर्ा / Assessment Years:2011-12 & 2012-13) Dcit-Cc 3(2) बिधम/ Chintamani Textiles Pvt. Ltd. Room No.1913, Air India Mezanine Office No.2, Sujata Vs. Building, Nariman Point, Chambers, Narshi Natha Mumbai-400021. Street, Mumbai-400064. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccc744Od (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri H. N. Singh (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 10/05/2022 घोषणा की तारीख /Date Of Pronouncement: 27/05/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Against The Order Of The Ld. Cit(A)-51, Mumbai Dated 29.01.2019 For A.Y. 2011-12 & For A.Y.2012-13. 2. None Appeared For The Assessee Despite Notices. The Ld. Cit Dr Has Brought To Our Notice Reports Submitted By Ao On The Lis, Which According To Us Will Be Sufficient To Dispose Of Both The Appeals Of Revenue. 3. For A.Y.2011-12, The Revenue Is Aggrieved By The Action Of The Ld. Cit(A) Deleting The Protective Addition Of Rs.3,35,00,000/- On The Issue Of Unaccounted Investment & Rs.9,30,500/- On The Issue Of Unaccounted Commission U/S 69C Of The Act & For A.Y.2012-13, The Revenue Is Aggrieved By The Action Of The Ld. Cit(A) Deleting The Protective Addition Of Rs.6,88,00,000/- On The Issue Of Unaccounted

For Appellant: NoneFor Respondent: Shri H. N. Singh (DR)
Section 132Section 132(4)Section 143(1)Section 143(3)Section 153ASection 68Section 69C

First Winner Textiles (India) P Ltd., M/s. Bhagwat Textiles P. Ltd. & M/s. Starwood Exports P. Ltd. and have obtained accommodation entry of the share application money of Rs. 3,75,00,000/- which has been routed through our assessee, who was found to be not carrying out any business activity

DCIT-CC 3(2), Mumbai vs. Chintamani Textiles Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby

ITA 1878/MUM/2019[2011-12]Status: DisposedITAT Mumbai27 May 2022AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 1878 & 1879/Mum/2019 (निर्धारण वर्ा / Assessment Years:2011-12 & 2012-13) Dcit-Cc 3(2) बिधम/ Chintamani Textiles Pvt. Ltd. Room No.1913, Air India Mezanine Office No.2, Sujata Vs. Building, Nariman Point, Chambers, Narshi Natha Mumbai-400021. Street, Mumbai-400064. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccc744Od (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri H. N. Singh (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 10/05/2022 घोषणा की तारीख /Date Of Pronouncement: 27/05/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Against The Order Of The Ld. Cit(A)-51, Mumbai Dated 29.01.2019 For A.Y. 2011-12 & For A.Y.2012-13. 2. None Appeared For The Assessee Despite Notices. The Ld. Cit Dr Has Brought To Our Notice Reports Submitted By Ao On The Lis, Which According To Us Will Be Sufficient To Dispose Of Both The Appeals Of Revenue. 3. For A.Y.2011-12, The Revenue Is Aggrieved By The Action Of The Ld. Cit(A) Deleting The Protective Addition Of Rs.3,35,00,000/- On The Issue Of Unaccounted Investment & Rs.9,30,500/- On The Issue Of Unaccounted Commission U/S 69C Of The Act & For A.Y.2012-13, The Revenue Is Aggrieved By The Action Of The Ld. Cit(A) Deleting The Protective Addition Of Rs.6,88,00,000/- On The Issue Of Unaccounted

For Appellant: NoneFor Respondent: Shri H. N. Singh (DR)
Section 132Section 132(4)Section 143(1)Section 143(3)Section 153ASection 68Section 69C

First Winner Textiles (India) P Ltd., M/s. Bhagwat Textiles P. Ltd. & M/s. Starwood Exports P. Ltd. and have obtained accommodation entry of the share application money of Rs. 3,75,00,000/- which has been routed through our assessee, who was found to be not carrying out any business activity

Dy. CIT Cir 6 (1)(2), Mumbai vs. M/S Blue Foods Pvt Ltd., Mumbai

In the result, the appeal is allowed for statistical purposes

ITA 6543/MUM/2019[2011-12]Status: DisposedITAT Mumbai02 May 2022AY 2011-12

Bench: Shri Amarjit Singh, Am & Ms. Kavitha Rajagopal, Jm आयकरअपीलसं./ I.T.A. No. 6543/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2011-12) Dcit Cr. 6(1)(2), M/S Blue Foods Pvt. Ltd. R. No. 506, 5Th Floor, Plot No. 8, Marol Co-Op. बिधम/ Industrial Estate, Near Aayakar Bhavan, M. K. Marol Bhavan, Marol, Vs. Road, Mumbai-400 020 Andheri-East, Maharashtra-400 059 स्थायीलेखासं./जीआइआरसं./ Pan No. Aabcb4617L (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri Samir Shah, Ld. Ar By प्रत्यथीकीओरसे/Respondent : Shri C. T. Mathews, Ld. Dr By सुनवाईकीतारीख/ : 21.03.2022 Date Of Hearing घोषणाकीतारीख / : 02.05.2022 Date Of Pronouncement आदेश / O R D E R Per Kavitha Rajagopal: This Appeal Has Been Filed By The Revenue As Against The Order Of Ld. Commissioner Of Income Tax (Appeals) – 12, Mumbai In Short Referred As ‘Ld. Cit(A)’ Dated 11.06.2019 Pertaining To Ay 2011-12. 2

For Appellant: Shri Samir Shah, Ld. AR byFor Respondent: Shri C. T. Mathews, Ld. DR by
Section 143(1)Section 143(3)Section 28

Solutions Pvt. Ltd. for A.Y. 2010-11, it has recognized this amount of Rs.5,57,38,445/- on account of refund of preference share application money of Rs.3,38,94,865/- and interest on ICD of Rs.2,18,43,580/- on behalf of Blue Foods Pvt. Ltd. which was treated